K.L.Sharma, J. - (1.) This writ petition has been filed under Article 226 of the Constitution of India for the issue of a writ of mandamus directing the opposite party No. 1 and 2 to allow the petitioner to continue in service till 30-6-1994 and to pay the salary of the post till then.
(2.) The admitted facts of the case are that the petitioner was appointed as Teacher in the Primary Schools on 22-1-1959 and became Head Master on 20-1-1967 and has since been working as Head Master of the Primary School which was subsequently, taken over by the Basic Shiksha Parishad from the Zila Parishad Lucknow No notice of retirement was given to the petitioner but he is being retired from 1-7-1993 on the basis of his recorded date of birth as 1-7-1933.
(3.) The grievance of the petitioner is that since his date of birth is 1-7-1933, that is, a day on which the academic session begins and as such, he can not be retired on 30-6-1993 but he is to retire upto the end of the present session on 30-6 1994 as other teachers and head masters have been allowed to continue under the interim orders of the High Court in the writ petitions filed by those head masters and teachers.;